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ANALYSIS
Open-Enrollment Charter
School Offer for District Facility
C.S.S.B. 2 amends the Education
Code to require the board of trustees of an independent school district that
intends to sell, lease, or allow use of an unused or underused district
facility for a purpose other than a district purpose to give each
open-enrollment charter school located wholly or partly within the district's
boundaries the opportunity to make an offer to purchase, lease, or use the
facility, as applicable, in response to any terms established by the board,
before offering the facility for sale or lease or to any other specific
entity. The bill expressly does not require the district board to accept an
offer made by a charter school.
C.S.S.B. 2 prohibits an independent
school district from requiring a campus or campus program that has been
granted a charter and that is the result of the conversion of an existing
district campus to pay rent for or to purchase a facility in order to use it
or from requiring such a campus or campus program or an open-enrollment
charter school to pay for any district service provided under a contract
between the district and the campus, campus program, or open-enrollment charter
school an amount that is greater than the district's actual costs of
providing the service.
Campus or Campus Program
Charters
C.S.S.B. 2 authorizes a school
district to contract with another district or an open-enrollment charter
school for services at a campus charter and makes an employee of the district
or charter school providing contracted services to a campus charter eligible
for membership in and benefits from the Teacher Retirement System of Texas
(TRS) if the employee would be eligible for membership and benefits if
holding the same position at the employing district or charter school.
C.S.S.B. 2 makes a campus or
program for which a campus or campus program charter is granted subject to
public school accountability provisions relating to financial accountability
and procedures for challenging an adverse academic or financial accountability
rating. The bill requires an employee of a charter holder who is employed on
a campus or in a program granted a campus or campus program charter and who qualifies
for TRS membership to be covered in the same manner and to the same extent as
a qualified school district employee who is employed on a regularly operating
campus or in a regularly operating program. The bill requires each campus or
campus program charter to provide that the charter's continuation is
contingent on satisfactory financial performance in accordance with
applicable statutory provisions.
Open-Enrollment Charter
Schools
C.S.S.B. 2 requires the State Board
of Education (SBOE) to thoroughly investigate and evaluate an applicant
before granting a charter for an open-enrollment charter school, includes any
educational standards for an open-enrollment charter school adopted by the
commissioner of education among the standards such an applicant must meet,
and further conditions grant of the charter on the SBOE's determination of
the following:
·
that the applicant is capable of carrying out the
responsibilities provided by the charter and likely to operate a school of
high quality; and
·
that the applicant has not within the preceding 10 years had a charter
for an open-enrollment charter school or a similar charter issued under the
laws of another state surrendered under a settlement agreement, revoked, or denied
renewal or that the applicant is not, under commissioner rules, considered to
be a corporate affiliate of or substantially related to an entity that had a
charter similarly sanctioned within the same time period.
C.S.S.B. 2 authorizes the
commissioner, not later than the 90th day after the date the SBOE takes final
action in granting a charter for an open-enrollment charter school, to veto
the grant of the charter.
C.S.S.B. 2 gradually increases the
existing 215-charter cap on the number of charters for open-enrollment
charter schools that may be granted in annual increments as follows:
·
225 charters beginning September 1, 2014;
·
235 charters beginning September 1, 2015;
·
245 charters beginning September 1, 2016;
·
255 charters beginning September 1, 2017; and
·
265 charters beginning September 1, 2018.
Beginning September 1, 2019, the
bill sets the total number of charters for open-enrollment charter schools
that may be granted at 275 charters. The bill prohibits the SBOE from granting
more than one charter for an open-enrollment charter school to any charter
holder and authorizes the SBOE to consolidate charters for an open-enrollment
charter school held by multiple charter holders into a single charter held by
a single charter holder with the written consent to the terms of
consolidation by or at the request of each charter holder affected by the
consolidation.
C.S.S.B. 2 authorizes a charter
holder having an accreditation status of accredited and at least 50 percent
of its student population in grades assessed under the state's standardized
testing program to establish one or more new open-enrollment charter school
campuses under an existing charter held by the charter holder if certain
conditions are met and specifies that commissioner approval of a charter revision
is not required for such establishment. The bill sets the initial term of a
charter granted for an open-enrollment charter school at five years. The bill
requires the commissioner to adopt rules to modify criteria for granting such
a charter to the extent necessary to address changes in performance rating
categories or in the financial accountability system with regard to public
school system accountability.
Charter Authorization for
High-Performing Entities
C.S.S.B. 2 authorizes the SBOE,
subject to the limit on the number of charters for an open-enrollment charter
school that may be granted, to grant a charter for an open-enrollment charter
school to an applicant that is either a charitable organization exempted from
the income tax under the federal Internal Revenue Code of 1986 that proposes to operate the charter school
program of a charter operator that operates one or more charter schools in
another state and with which the organization is affiliated or an entity that
has operated one or more charter schools established under a campus or campus
program charter, an open-enrollment charter, or a college or university or junior
college charter, provided that such applicant has performed in the highest or
second highest performance rating category with regard to public school system
accreditation as determined by the commissioner in accordance with
commissioner rule or at a comparable level of performance, as applicable. The
bill specifies that the commissioner's veto power as established by the bill applies
to the grant of such a charter. The bill authorizes a charter holder granted such
a charter, to the extent authorized by commissioner rule, to vest management
of corporate affairs in a member entity provided that the member entity obtains
the commissioner's express written approval of any change of members in the charter
holder's governing body before the expiration of a member's term. The bill
sets the initial term of such a charter at five years and requires the commissioner
to adopt rules to modify criteria for granting such a charter to the extent
necessary to address changes in performance rating categories with regard to
public school system accreditation.
Report Comparing Public
Schools
C.S.S.B. 2 requires the
commissioner to report each year on the performance of open-enrollment
charter schools compared to the performance of campuses and programs
operating under charters granted by school districts and of matched
traditional campuses based on commissioner-adopted student achievement
indicators. The bill requires the report's format to allow the public to
distinguish and compare the performance of each type of public school by
establishing a school classification system for that purpose and sets out
content requirements for the report.
Authority Under Charter;
Applicability
C.S.S.B. 2 revises the
conditions under which an open-enrollment charter school retains authority to
operate under the charter to reflect changes made by the bill and makes an open-enrollment
charter school subject to public school accountability provisions relating to
procedures for challenging an adverse academic or financial accountability
rating and to statutory provisions relating to parental rights and
responsibilities. The bill requires the governing body of a charter holder
and the governing body of an open-enrollment charter school, not later than
48 hours before the scheduled start of a meeting of the governing body, to post
the meeting agenda on the charter holder's or school's Internet website, as
applicable, and requires the commissioner to adopt rules as necessary to
administer this requirement. The bill requires the commissioner to provide by
rule for meetings by telephone or video conference call where a quorum of the
governing body of a charter holder or charter school is not physically present
at one meeting location and sets out certain requirements applicable to those
rules.
Nepotism; Charter
Application; Notice
C.S.S.B. 2 makes a provision
relating to school district employment policies that establishes the
applicability of Government Code anti-nepotism provisions to a school
district superintendent and each member of a district board of trustees applicable
to an open-enrollment charter school as though the school's governing body
were the district board and to the superintendent or, as applicable, the
administrator serving as the school's educational leader and chief executive
officer as though that person were the district superintendent.
C.S.S.B. 2 removes a provision
authorizing the SBOE to approve or deny an application based on criteria the
SBOE adopts and instead bases approval or denial by the SBOE on documented
evidence collected through the application review process, merit, and other criteria
as adopted by the SBOE, which must include criteria relating to the applicant's
capability to carry out the charter responsibilities and the likelihood that
the applicant will operate a school of high quality. The bill requires the SBOE
to give priority to applications that propose an open-enrollment charter
school campus to be located in the attendance zone of a school district
campus assigned an unacceptable performance rating for the two preceding
school years. The bill specifies that procedures adopted by commissioner rule
for providing notice to specified persons on the SBOE’s receipt of a charter
application for an open-enrollment charter school applies to the provision of
notice to those recipients on the SBOE’s receipt of notice of the
establishment of a new open-enrollment charter school campus under an
existing charter as authorized by the bill.
Charter Contents
C.S.S.B. 2 revises the required
contents of each charter for an open-enrollment charter school to reflect
certain of the bill's provisions and to require each such charter to provide
information, as determined by the commissioner, relating to any management
company that will provide management services to a school operating under the
charter and to specify that an open-enrollment charter school's governing
body accepts and may not delegate ultimate responsibility for the school and
is responsible for overseeing any management company providing management
services for the school and for holding the management company accountable
for the school's performance.
Notice Concerning Charter
Revision; Renewal of Charter; Denial of Renewal; Expiration
C.S.S.B. 2 requires the
commissioner, not later than the 60th day after the date that a charter
holder submits to the commissioner a completed request for approval for an expansion
amendment, as defined by commissioner rule, including a new school amendment,
to provide to the charter holder written notice of the amendment's approval
or disapproval. The bill requires the commissioner to develop and by rule
adopt a procedure for renewal, denial of renewal, or expiration of a charter
for an open-enrollment charter school at the end of the charter's term. The
bill requires the procedure to include consideration of the charter holder's performance
with regard to public school system accountability and that of each campus
operating under the charter and to include three distinct processes for
expedited renewal, discretionary consideration of renewal or denial of
renewal, and expiration. The bill requires the charter holder to submit a
petition for renewal to the commissioner in the time and manner established
by commissioner rule, in order to renew a charter at the end of the term.
C.S.S.B. 2 establishes that a
charter for an open-enrollment charter school automatically renews at the end
of its term if the charter holder submits to the commissioner a petition for
expedited renewal unless the commissioner provides written notice to the
charter holder, not later than the 30th day after the date the charter holder
submits the petition, that expedited renewal is denied. The bill prohibits
the commissioner from denying expedited renewal if the following conditions
are met for each of the preceding three years: the charter holder has been
assigned the highest or second highest performance rating with regard to
public school system accreditation or, except as otherwise provided, an
acceptable performance rating under the Texas Education Agency's (TEA) alternative
education accountability procedures for evaluation; the charter holder has
been assigned a financial performance accountability rating indicating
financial performance that is satisfactory or better; and no campus operating
under the charter has been assigned the lowest performance rating with regard
to public school system accreditation or such a campus has been closed. The
bill requires the charter holder to have been assigned the highest or second
highest performance rating under TEA's alternative education accountability
procedures for evaluation if, under those procedures, the commissioner
provides for assigning performance ratings reflecting different levels of
acceptable performance.
C.S.S.B. 2 requires the
commissioner to use the discretionary consideration process at the end of the
term of a charter for an open-enrollment charter school if a charter holder
submits to the commissioner a petition for renewal and the charter does not
meet the criteria for expedited renewal or for expiration. The bill requires
the commissioner's decision under that process to take into consideration the
results of annual evaluations under the performance frameworks established by
the bill.
C.S.S.B. 2 requires the
commissioner, in considering the renewal of the charter of an open-enrollment
charter school that is registered under TEA's alternative education
accountability procedures for evaluation, such as a dropout recovery school or
a school operating within a residential treatment facility, to use academic
criteria established by commissioner rule that are appropriate to measure that
school's specific goals and that recognize growth in student achievement as
well as educational attainment. The bill sets out the specific conditions
under which the commissioner is required to designate an open-enrollment
charter school or a campus of an open-enrollment charter school as a dropout
recovery school for purposes relating to use of the discretionary
consideration process.
C.S.S.B. 2 prohibits the
commissioner from renewing a charter for an open-enrollment charter school at
the end of its term, if a charter holder submits to the commissioner a
petition for the charter's renewal, and requires the commissioner to allow
the charter to expire if the charter holder has been assigned the lowest accreditation
performance rating, a financial accountability performance rating indicating
financial performance that is lower than satisfactory, or any combination of
those two ratings for any three of the five preceding school years or if any
campus operating under the charter has been assigned the lowest accreditation
performance rating for the three preceding school years and has not been
closed. The bill establishes that such a determination by the commissioner is
final and not subject to appeal.
C.S.S.B. 2 requires the
commissioner, not later than the 90th day after the date on which a charter
holder submits a petition for renewal of a charter for an open-enrollment
charter school, to provide written notice to the charter holder, in
accordance with commissioner rule, of the basis on which the charter
qualified for expedited renewal, discretionary consideration, or expiration and
of the commissioner's decision regarding whether to renew the charter, deny
renewal of the charter, or allow the charter to expire. The bill makes a
decision by the commissioner to deny renewal, other than a decision to deny
renewal on the basis of poor accreditation or financial accountability
performance ratings as set out in the bill, subject to review by the State
Office of Administrative Hearings (SOAH). The bill requires the
administrative law judge to uphold a decision by the commissioner to deny
renewal unless the judge finds the decision arbitrary and capricious or
clearly erroneous and establishes that a decision of the administrative law
judge is final and not subject to appeal.
C.S.S.B. 2 extends the term of
a charter for an open-enrollment charter school, notwithstanding the charter's
expiration date, on the charter holder's submission of a petition for its renewal
until the commissioner has provided notice to the charter holder of the
renewal, denial of renewal, or expiration of the charter. The bill sets the
term of a charter renewed under these provisions at 10 years for each renewal
and requires the commissioner to adopt rules to modify criteria for renewal,
denial of renewal, or expiration of a charter for an open-enrollment charter
school to the extent necessary to address changes in performance rating
categories or in the financial accountability system with regard to public
school system accountability.
Basis For Charter Revocation
or Modification of Governance
C.S.S.B. 2 removes provisions
relating to the basis on which the charter of an open-enrollment charter
school may be modified, placed on probation, or denied renewal and instead
requires the commissioner either to revoke such a charter or to reconstitute
the charter holder's governing body on those same bases and adds to the bases
for revocation or reconstitution a determination by the commissioner that the
charter holder failed to satisfy the performance framework standards established
by the bill or is imminently insolvent as determined by the commissioner in
accordance with commissioner rule. The bill requires the commissioner's
action in such a case to be based on, among other factors, the
open-enrollment charter school's accreditation status.
C.S.S.B. 2 requires the commissioner
to revoke the charter of an open-enrollment charter school if the charter
holder has been assigned an unacceptable accreditation performance rating, a
financial accountability performance rating indicating financial performance
lower than satisfactory, or any combination of those two ratings for the
three preceding school years. The bill establishes that these provisions do
not limit the authority of the attorney general to take any action authorized
by law.
C.S.S.B. 2 adds a temporary
provision, set to expire September 1, 2015, to establish that a charter
holder rated as academically unacceptable under certain accreditation status provisions
as they existed on January 1, 2009, for the 2010-2011 school year is
considered to have been assigned an unacceptable performance rating for that
school year for purposes of charter revocation.
Procedure for Revocation or
Modification of Governance; Notice to TRS
C.S.S.B. 2 removes provisions
relating to the procedure for modifying, placing on probation, or denying
renewal of the charter of an open-enrollment charter school and instead
requires the commissioner to adopt an informal procedure to be used for
revoking such a charter or for reconstituting the charter holder's governing
body. The bill removes a requirement for the previous procedure to provide a
hearing opportunity to the charter holder; exempts the informal procedure,
rather than such hearing, from the Administrative Procedure Act; and makes a charter
revocation decision by the commissioner subject to review by SOAH. The bill
requires the administrative law judge to uphold a decision by the
commissioner to revoke a charter unless the judge finds the decision
arbitrary and capricious or clearly erroneous and establishes that a decision
of the administrative law judge is final and not subject to appeal.
C.S.S.B. 2 authorizes the
commissioner, if the commissioner revokes the charter of an open-enrollment
charter school, to manage the school until alternative arrangements are made
for the school's students and to assign operation of one or more campuses
formerly operated by the charter holder who held the revoked charter to a
different charter holder who consents to the assignment.
C.S.S.B. 2 requires the
commissioner to notify TRS in writing of the expiration of a charter of an
open-enrollment charter school not later than the 10th business day after the
date of the event.
Performance Frameworks;
Annual Evaluations; Restrictions on Certain Service
C.S.S.B. 2 requires the
commissioner to develop and by rule adopt performance frameworks that
establish standards by which to measure the performance of an open-enrollment
charter school and separate, specific performance frameworks by which to
measure the performance of an open-enrollment charter school that is
registered under TEA's alternative education accountability procedures for
evaluation. The bill requires the performance frameworks to be based on
national best practices that charter school authorizers use in developing and
applying standards for charter school performance and requires the
commissioner, in developing the performance frameworks, to solicit advice
from specified entities or persons.
C.S.S.B. 2 requires the performance
frameworks to include student attrition rate as a standard, authorizes the
frameworks to include a variety of other standards, and requires the
commissioner, in evaluating an open-enrollment charter school, to measure
school performance against an established set of quality standards developed
and adopted by the commissioner. The bill requires the commissioner to evaluate
the performance of each open-enrollment charter school each year based on the
applicable performance frameworks. The bill prohibits a school's performance
on a performance framework from being considered for purposes of a charter renewal
or revocation.
C.S.S.B. 2 authorizes an
open-enrollment charter school, subject to TEA approval following a review of
a person's criminal history record information, to employ the person as a
teacher or educational aide if a school district could employ the person as a
teacher or educational aide or could employ the person as a teacher or
educational aide if the person held the appropriate teaching certificate and
the person has never held a teaching certificate or to employ the person in a
position other than teacher or educational aide if a school district could
employ the person in that position.
Names of Members of
Governing Body Listed on Website; State Property
C.S.S.B. 2 requires an
open-enrollment charter school to list the names of the members of the
governing body on the home page of the school's Internet website. The bill
specifies that property purchased or leased with certain state funds received
by a charter holder after September 1, 2001, and held in trust by the charter
holder for the benefit of the students of the open-enrollment charter school
is property of the state.
Training for TEA Employees;
Posting of CEO Salary; Pledge of Allegiance
C.S.S.B. 2 adds a temporary
provision, set to expire January 1, 2014, to require each TEA employee assigned
responsibility related to granting charters for open-enrollment charter
schools or providing oversight or monitoring of charter holders or
open-enrollment charter schools, not later than October 1, 2013, to participate
in training on charter school authorization, oversight, and monitoring
provided by a nationally recognized organization of charter school
authorizers identified by the commissioner. The bill requires an
open-enrollment charter school to post on the school's Internet website the
salary of the school's superintendent or, as applicable, of the administrator
serving as educational leader and chief executive officer.
C.S.S.B. 2 makes statutory provisions
requiring the board of trustees of each school district to provide for the daily
recitation of the pledges of allegiance to the U.S. flag and the Texas flag
and the observance of one minute of silence in public schools applicable to
the governing body of each open-enrollment charter school.
Participation in UIL
Contests by Specialty High School
C.S.S.B. 2 requires the University
Interscholastic League (UIL), in order to ensure fair competition, to adopt
rules governing participation in UIL contests by students attending a
specialty high school, defined by the bill as the high school of an
open-enrollment charter school that enrolls students without regard to the
attendance zones of the school district in which the high school is located
and that is determined by the UIL to specialize in a division of UIL contests.
The bill requires the adopted UIL rules to require that, for any division of
UIL contests that a specialty high school emphasizes, the school will be
assigned to the conference with the largest student enrollment, but
authorizes the rules to provide for reasonable exceptions from that
requirement based on travel, availability of participant schools, or other
criteria. The bill adds a temporary provision, set to expire August 31, 2014,
to require the UIL rules to apply beginning with the 2013-2014 school year.
Review of Challenge by State
Office of Administrative Hearings
C.S.S.B. 2 requires the
commissioner to adopt procedural rules for a challenge made by a school
district or open-enrollment charter school with regard to a decision by the
commissioner either to close the district or a district campus or the charter
school or to pursue alternative management of a district campus or the
charter school. The bill requires SOAH to conduct, rather than provide, an
expedited review of such a challenge and authorizes the decision of the
administrative law judge to set an effective date for an action with regard
to the challenge.
Repealed Laws
C.S.S.B. 2 repeals provisions
relating to an open-enrollment charter school's exemption from the
applicability of certain nepotism laws under certain circumstances and to an
open-enrollment charter school's authority to continue operating and receiving
state funds for a remainder of a school year if the commissioner denies
renewal of the school's charter before the completion of that school year.
C.S.S.B. 2 repeals Sections
12.1055(b) and 12.1161(b), Education Code.
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SENATE ENGROSSED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Subchapter D,
Chapter 11, Education Code, is amended.
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SECTION 1. Same as engrossed
version.
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SECTION 2. Subchapter C,
Chapter 12, Education Code, is amended by adding Section 12.0522 to read as
follows:
Sec. 12.0522. DISTRICT
CHARTER AUTHORIZATION. (a) Notwithstanding Section 12.052, in the manner
provided by this section, the board of trustees of a school district or the
governing body of a home-rule school district may grant a district charter
to a campus to the extent authorized under this section.
(b) Except as otherwise
provided by this subsection or Subsection (c), a district charter may be
granted under this section only to one or more campuses serving in total a
percentage of the district's student enrollment equal to not more than 15
percent of the district's student enrollment for the preceding school year.
The percentage limit may not prevent a district from granting a district
charter to at least one feeder pattern of schools, including an elementary,
middle or junior high, and high school.
(c) A district charter may
be granted to any campus that has received the lowest performance rating
under Subchapter C, Chapter 39.
(d) Subchapter D applies
to a campus granted a district charter under this section as though the
campus were granted a charter under Subchapter D, and the campus is
considered an open-enrollment charter school.
(e) A charter granted
under this section is not considered for purposes of the limit on the
number of charters for open-enrollment charter schools imposed by Section
12.101.
(f) The commissioner may
adopt rules as necessary for the administration of this section.
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No
equivalent provision.
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SECTION 3. Section 12.055,
Education Code, is amended.
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SECTION 2. Same as engrossed
version.
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SECTION 4. Subsection (b),
Section 12.056, Education Code, is amended.
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SECTION 3. Same as engrossed
version.
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SECTION 5. Section 12.057,
Education Code, is amended.
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SECTION 4. Same as engrossed
version.
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SECTION 6. Section 12.059,
Education Code, is amended to read as follows:
Sec. 12.059. CONTENT. Each charter
granted under this subchapter must:
(1) describe the educational
program to be offered, which may be a general or specialized program;
(2) provide that continuation
of the charter is contingent on satisfactory student performance under
Subchapter B, Chapter 39, satisfactory financial performance under
Subchapter D, Chapter 39, and [on] compliance with other
applicable accountability provisions under Chapter 39;
(3) specify any basis, in
addition to a basis specified by this subchapter, on which the charter may
be [placed on probation or] revoked;
(4) prohibit discrimination
in admission on the basis of national origin, ethnicity, race, religion, or
disability;
(5) describe the governing
structure of the campus or program;
(6) specify any procedure or
requirement, in addition to those under Chapter 38, that the campus or
program will follow to ensure the health and safety of students and
employees; and
(7) describe the manner in
which an annual audit of financial and programmatic operations of the
campus or program is to be conducted, including the manner in which the
campus or program will provide information necessary for the school
district in which it is located to participate, as required by this code or
by commissioner [State Board of Education] rule, in
the Public Education Information Management System (PEIMS).
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SECTION 5. Section 12.059,
Education Code, is amended to read as follows:
Sec. 12.059. CONTENT. Each
charter granted under this subchapter must:
(1) describe the educational
program to be offered, which may be a general or specialized program;
(2) provide that continuation
of the charter is contingent on satisfactory student performance under
Subchapter B, Chapter 39, satisfactory financial performance under
Subchapter D, Chapter 39, and [on] compliance with other
applicable accountability provisions under Chapter 39;
(3) specify any basis, in
addition to a basis specified by this subchapter, on which the charter may
be [placed on probation or] revoked;
(4) prohibit discrimination
in admission on the basis of national origin, ethnicity, race, religion, or
disability;
(5) describe the governing
structure of the campus or program;
(6) specify any procedure or
requirement, in addition to those under Chapter 38, that the campus or
program will follow to ensure the health and safety of students and
employees; and
(7) describe the manner in
which an annual audit of financial and programmatic operations of the
campus or program is to be conducted, including the manner in which the
campus or program will provide information necessary for the school
district in which it is located to participate, as required by this code or
by State Board of Education rule, in
the Public Education Information Management System (PEIMS).
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SECTION 7. Section 12.101,
Education Code, is amended by amending Subsections (a) and (b) and adding
Subsections (b-0), (b-1), (b-2), (b-3), (b-4), (b-5), (b-6), and (b-7) to
read as follows:
(a)
In accordance with this subchapter, the commissioner [State Board
of Education] may grant a charter on the application of an eligible
entity for an open-enrollment charter school to operate in a facility of a
commercial or nonprofit entity, an eligible entity, or a school district,
including a home-rule school district. In this subsection, "eligible
entity" means:
(1)
an institution of higher education as defined under Section 61.003;
(2)
a private or independent institution of higher education as defined under
Section 61.003;
(3)
an organization that is exempt from taxation under Section 501(c)(3), Internal
Revenue Code of 1986 (26 U.S.C. Section 501(c)(3)); or
(4)
a governmental entity.
(b) After thoroughly
investigating and evaluating an applicant, the commissioner [The State
Board of Education] may grant a charter for an open-enrollment
charter school only to an applicant that meets any financial, governing, educational,
and operational standards adopted by the commissioner under this subchapter,
that the commissioner determines is
capable of carrying out the responsibilities provided by the charter and
likely to operate a school of high quality, and that:
(1) has not within the
preceding 10 years had a charter under this chapter or a similar charter
issued under the laws of another state surrendered under a settlement
agreement, revoked, denied renewal, or
returned; or
(2) is not, under rules
adopted by the commissioner, considered to be a corporate affiliate of or
substantially related to an entity that has within the preceding 10 years
had a charter under this chapter or a similar charter issued under the laws
of another state surrendered under a settlement agreement, revoked, denied
renewal, or returned.
(b-0) The commissioner shall notify the State Board of Education of
each charter the commissioner proposes to grant under this subchapter. Unless,
before the 90th day after the date on which the board receives the notice
from the commissioner, a majority of the members of the board present and
voting vote against the grant of that charter, the commissioner's proposal
to grant the charter takes effect. The board may not deliberate or vote on
any grant of a charter that is not proposed by the commissioner.
(b-1) In granting charters
for open-enrollment charter schools, the commissioner [The State Board of Education] may
not grant a total of more than:
(1) 215 charters through
the fiscal year ending August 31, 2014;
(2) 225 charters beginning
September 1, 2014;
(3) 240 charters beginning September 1, 2015;
(4) 255 charters beginning September 1, 2016;
(5) 270 charters beginning September 1, 2017;
and
(6) 285 charters beginning September 1, 2018
[for an open-enrollment charter school].
(b-2) Beginning September
1, 2019, the total number of charters for open-enrollment charter schools
that may be granted is 305 charters.
(b-3) The commissioner may not grant more than one
charter for an open-enrollment charter school to any charter holder. The commissioner may consolidate charters for an
open-enrollment charter school held by multiple charter holders into a
single charter held by a single charter holder with the written consent to
the terms of consolidation by or at the request of each charter holder
affected by the consolidation.
(b-4) A charter holder
having an accreditation status of accredited and at least 50 percent of its
student population in grades assessed under Subchapter B, Chapter 39, may
establish one or more new open-enrollment
charter school campuses under an existing charter held by the
charter holder if:
(1) the charter holder is
currently evaluated under the standard accountability procedures for
evaluation under Chapter 39 and received a district rating in the highest
or second highest performance rating category under Subchapter C, Chapter
39, for three of the last five years with at least 75 percent of the
campuses rated under the charter also receiving a rating in the highest or
second highest performance rating category and with no campus with a rating
in the lowest performance rating category in the most recent ratings;
(2) the charter holder
provides written notice to the commissioner of the establishment of any
campus under this subsection in the time, manner, and form provided by rule
of the commissioner; and
(3) not later than the
60th day after the date the charter holder provides written notice under
Subdivision (2), the commissioner does not provide written notice to the
charter holder disapproving a new campus under this section.
(b-5) The initial term of
a charter granted under this section is five years.
(b-6) The commissioner
shall adopt rules to modify criteria for granting a charter for an
open-enrollment charter school under this section to the extent necessary
to address changes in performance rating categories or in the financial
accountability system under Chapter 39.
(b-7) A charter granted under this section for a dropout recovery
school is not considered for purposes of the limit on the number of
charters for open-enrollment charter schools imposed by this section. For
purposes of this subsection, an open-enrollment charter school is
considered to be a dropout recovery school if the school meets the criteria
for designation as a dropout recovery school under Section 12.1141(c).
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SECTION 6. Section 12.101,
Education Code, is amended by amending Subsection (b) and adding
Subsections (b-0), (b-1), (b-2), (b-3), (b-4), (b-5), and (b-6) to read as
follows:
(b) After thoroughly
investigating and evaluating an applicant, the [The] State Board of Education may grant a charter
for an open-enrollment charter school only to an applicant that meets any
financial, governing, educational, and operational standards adopted
by the commissioner under this subchapter, that the board determines is capable of carrying out
the responsibilities provided by the charter and likely to operate a school
of high quality, and that:
(1) has not within the
preceding 10 years had a charter under this chapter or a similar charter
issued under the laws of another state surrendered under a settlement
agreement, revoked, or denied renewal; or
(2) is not, under rules
adopted by the commissioner, considered to be a corporate affiliate of or
substantially related to an entity that has within the preceding 10 years
had a charter under this chapter or a similar charter issued under the laws
of another state surrendered under a settlement agreement, revoked, or
denied renewal.
(b-0) Notwithstanding any other provision of this subchapter, not
later than the 90th day after the date the State Board of Education takes
final action in granting a charter for an open-enrollment charter school,
the commissioner may veto the grant of the charter.
(b-1) In granting charters
for open-enrollment charter schools, the [The] State Board of Education may not grant a
total of more than:
(1) 215 charters through
the fiscal year ending August 31, 2014;
(2) 225 charters beginning
September 1, 2014;
(3) 235 charters beginning September 1, 2015;
(4) 245 charters beginning September 1, 2016;
(5) 255 charters beginning September 1, 2017;
and
(6) 265 charters beginning September 1, 2018
[for an open-enrollment charter school].
(b-2) Beginning September
1, 2019, the total number of charters for open-enrollment charter schools
that may be granted is 275 charters.
(b-3) The State Board of Education may not grant more
than one charter for an open-enrollment charter school to any charter
holder. The board may consolidate
charters for an open-enrollment charter school held by multiple charter
holders into a single charter held by a single charter holder with the
written consent to the terms of consolidation by or at the request of each
charter holder affected by the consolidation.
(b-4) Notwithstanding Section 12.114, approval of the
commissioner under that section is not required for establishment of a new
open-enrollment charter school campus under this subsection. A
charter holder having an accreditation status of accredited and at least 50
percent of its student population in grades assessed under Subchapter B,
Chapter 39, may establish one or more new campuses under an existing
charter held by the charter holder if:
(1) the charter holder is
currently evaluated under the standard accountability procedures for
evaluation under Chapter 39 and received a district rating in the highest
or second highest performance rating category under Subchapter C, Chapter
39, for three of the last five years with at least 75 percent of the
campuses rated under the charter also receiving a rating in the highest or
second highest performance rating category and with no campus with a rating
in the lowest performance rating category in the most recent ratings;
(2) the charter holder
provides written notice to the commissioner of the establishment of any
campus under this subsection in the time, manner, and form provided by rule
of the commissioner; and
(3) not later than the
60th day after the date the charter holder provides written notice under
Subdivision (2), the commissioner does not provide written notice to the
charter holder of disapproval of a new campus under this section.
(b-5) The initial term of
a charter granted under this section is five years.
(b-6) The commissioner
shall adopt rules to modify criteria for granting a charter for an
open-enrollment charter school under this section to the extent necessary
to address changes in performance rating categories or in the financial
accountability system under Chapter 39.
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SECTION 8. Subchapter D,
Chapter 12, Education Code, is amended by adding Section 12.1011 to read as
follows:
Sec. 12.1011. CHARTER
AUTHORIZATION FOR HIGH-PERFORMING ENTITIES. (a) Notwithstanding Section
12.101(b), the commissioner may grant
a charter for an open-enrollment charter school to an applicant that is:
(1) an eligible entity
under Section 12.101(a)(3) that proposes to operate the charter school
program of a charter operator that operates one or more charter schools in
another state and with which the eligible entity is affiliated and, as
determined by the commissioner in accordance with commissioner rule, has
performed at a level of performance comparable to performance under the
highest or second highest performance rating category under Subchapter C,
Chapter 39; or
(2) an entity that has
operated one or more charter schools established under this subchapter or
Subchapter C or E and, as determined by the commissioner in accordance with
commissioner rule, has performed in the highest or second highest
performance rating category under Subchapter C, Chapter 39.
(b) A charter holder
granted a charter for an open-enrollment charter school under Subsection
(a) may vest management of corporate affairs in a member entity provided
that the member entity may change the members of the governing body of the
charter holder before the expiration of a member's term only with the
express written approval of the commissioner.
(c) The initial term of a
charter granted under this section is five years.
(d) The commissioner shall
adopt rules to modify criteria for granting a charter for an
open-enrollment charter school under this section to the extent necessary
to address changes in performance rating categories under Subchapter C,
Chapter 39.
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SECTION 7. Subchapter D,
Chapter 12, Education Code, is amended by adding Section 12.1011 to read as
follows:
Sec. 12.1011. CHARTER
AUTHORIZATION FOR HIGH-PERFORMING ENTITIES. (a) Notwithstanding Section
12.101(b), subject to the limit on the number
of charters for an open-enrollment charter school that may be granted under
Section 12.101(b-1), the State Board of Education may grant a
charter for an open-enrollment charter school to an applicant that is:
(1) an eligible entity
under Section 12.101(a)(3) that proposes to operate the charter school
program of a charter operator that operates one or more charter schools in
another state and with which the eligible entity is affiliated and, as
determined by the commissioner in accordance with commissioner rule, has
performed at a level of performance comparable to performance under the
highest or second highest performance rating category under Subchapter C,
Chapter 39; or
(2) an entity that has
operated one or more charter schools established under this subchapter or
Subchapter C or E and, as determined by the commissioner in accordance with
commissioner rule, has performed in the highest or second highest
performance rating category under Subchapter C, Chapter 39.
(b) Section 12.101(b-0) applies to the grant of a charter under this
section.
(c) To the extent authorized by commissioner rule, a charter
holder granted a charter for an open-enrollment charter school under this
section may vest management of corporate affairs in a member entity provided
that the member entity may change the members of the governing body of the
charter holder before the expiration of a member's term only with the
express written approval of the commissioner.
(d) The initial term of a
charter granted under this section is five years.
(e) The commissioner shall
adopt rules to modify criteria for granting a charter for an
open-enrollment charter school under this section to the extent necessary
to address changes in performance rating categories under Subchapter C,
Chapter 39.
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SECTION 9. Subchapter D,
Chapter 12, Education Code, is amended by adding Section 12.1013 to read as
follows:
Sec. 12.1013. CHARTER
AUTHORIZER ACCOUNTABILITY.
(a) The commissioner shall
annually report under Subchapters J and K, Chapter 39, the performance of
open-enrollment charter schools by authorizer
compared to campus charters and
matched traditional campuses based on student achievement indicators
adopted under Section 39.053.
(b) The format of the
report must enable the public to distinguish and compare the performance of
each type of public school by classifying the schools as follows:
(1) open-enrollment charters granted by the State Board of Education;
(2) open-enrollment charters granted by the
commissioner;
(3) charters granted by school
districts; and
(4) matched traditional
campuses.
(c) The report must
include the performance of each public school in each class described by
Subsection (b) as measured by the student achievement indicators adopted
under Section 39.053.
(d) The report must also:
(1) aggregate and compare
the performance of open-enrollment charter schools granted charters by the State Board of Education, open-enrollment
charter schools granted charters by the commissioner, campuses and
programs granted charters by school districts, and matched traditional
campuses; and
(2) rate the aggregate
performance of elementary, middle or junior high, and high schools within
each class described by Subsection (b) as indicated by the composite rating
that would be assigned to the class of elementary, middle or junior high,
and high schools if the students attending all schools in that class were
cumulatively enrolled in one elementary, middle or junior high, or high
school.
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SECTION 8. Subchapter D,
Chapter 12, Education Code, is amended by adding Section 12.1013 to read as
follows:
Sec. 12.1013. REPORT
COMPARING PUBLIC SCHOOLS. (a) In this
section, "matched traditional campus" means a school district
campus that has a student demographic composition similar to an
open-enrollment charter school with which the district campus is being
compared.
(b) The commissioner shall
annually report under Subchapters J and K, Chapter 39, the performance of
open-enrollment charter schools compared to the
performance of campuses and programs operating under charters granted by
school districts and of matched traditional campuses, based on
student achievement indicators adopted under Section 39.053.
(c) The format of the
report under Subsection (b) must enable the public to distinguish and
compare the performance of each type of public school by classifying the
schools as follows:
(1) open-enrollment charter schools;
(2) campuses or programs operating under charters
granted by school districts; and
(3) matched traditional
campuses.
(d) The report must
include the performance of each public school in each class described by
Subsection (c) as measured by the student achievement indicators adopted
under Section 39.053.
(e) The report must also:
(1) aggregate and compare
the performance of open-enrollment charter schools, campuses and programs operating under charters granted by school
districts, and matched traditional campuses; and
(2) rate the aggregate
performance of elementary, middle or junior high, and high schools within
each class described by Subsection (c) as indicated by the composite rating
that would be assigned to the class of elementary, middle or junior high,
and high schools if the students attending all schools in that class were
cumulatively enrolled in one elementary, middle or junior high, or high
school.
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SECTION 10. Section 12.102,
Education Code, is amended.
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SECTION 9. Same as engrossed
version.
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SECTION 11. Subsection (b),
Section 12.104, Education Code, is amended to read as follows:
(b) An open-enrollment
charter school is subject to:
(1) a provision of this title
establishing a criminal offense; and
(2) a prohibition,
restriction, or requirement, as applicable, imposed by this title or a rule
adopted under this title, relating to:
(A) the Public Education
Information Management System (PEIMS) to the extent necessary to monitor
compliance with this subchapter as determined by the commissioner;
(B) criminal history records
under Subchapter C, Chapter 22;
(C) reading instruments and
accelerated reading instruction programs under Section 28.006;
(D) accelerated instruction
under Section 28.0211;
(E) high school graduation
requirements under Section 28.025;
(F) special education
programs under Subchapter A, Chapter 29;
(G) bilingual education under
Subchapter B, Chapter 29;
(H) prekindergarten programs
under Subchapter E, Chapter 29;
(I) extracurricular
activities under Section 33.081;
(J) discipline management
practices or behavior management techniques under Section 37.0021;
(K) health and safety under
Chapter 38;
(L) public school
accountability under Subchapters B, C, D, E, F, G, and J, Chapter
39;
(M) the requirement under
Section 21.006 to report an educator's misconduct; and
(N) intensive programs of
instruction under Section 28.0213.
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SECTION 10. Subsection (b),
Section 12.104, Education Code, is amended to read as follows:
(b) An open-enrollment
charter school is subject to:
(1) a provision of this title
establishing a criminal offense; and
(2) a prohibition,
restriction, or requirement, as applicable, imposed by this title or a rule
adopted under this title, relating to:
(A) the Public Education
Information Management System (PEIMS) to the extent necessary to monitor
compliance with this subchapter as determined by the commissioner;
(B) criminal history records
under Subchapter C, Chapter 22;
(C) reading instruments and
accelerated reading instruction programs under Section 28.006;
(D) accelerated instruction
under Section 28.0211;
(E) high school graduation
requirements under Section 28.025;
(F) special education
programs under Subchapter A, Chapter 29;
(G) bilingual education under
Subchapter B, Chapter 29;
(H) prekindergarten programs
under Subchapter E, Chapter 29;
(I) extracurricular
activities under Section 33.081;
(J) discipline management
practices or behavior management techniques under Section 37.0021;
(K) health and safety under
Chapter 38;
(L) public school
accountability under Subchapters B, C, D, E, F, G, and J, Chapter
39;
(M) the requirement under
Section 21.006 to report an educator's misconduct; [and]
(N) intensive programs of
instruction under Section 28.0213; and
(O) parental rights and responsibilities under Chapter 26.
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SECTION 12. Section 12.1051,
Education Code, is amended by amending Subsection (b) and adding Subsection
(c) to read as follows:
(b) With respect to the
operation of an open-enrollment charter school, except as provided by
Subsection (c), any requirement in Chapter 551 or 552, Government Code,
or another law that concerns open meetings or the availability of
information, that applies to a school district, the board of trustees of a
school district, or public school students applies to an open-enrollment
charter school, the governing body of a charter holder, the governing body
of an open-enrollment charter school, or students attending an open-enrollment
charter school.
(c) Notwithstanding
Subchapter F, Chapter 551, Government Code, the commissioner shall provide
by rule for meetings by telephone conference call or video conference call
where a majority of the quorum of the
governing body of a charter holder or charter school is not physically
present at one location of the meeting. The
rule may apply only to meetings of the governing body of a charter holder
or charter school with its central administrative offices in a state other
than this state.
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SECTION 11. Section 12.1051,
Education Code, is amended by amending Subsection (b) and adding
Subsections (c) and (d) to read as follows:
(b) With respect to the
operation of an open-enrollment charter school, except as provided by
Subsection (d), any requirement in Chapter 551 or 552, Government Code,
or another law that concerns open meetings or the availability of
information, that applies to a school district, the board of trustees of a
school district, or public school students applies to an open-enrollment
charter school, the governing body of a charter holder, the governing body
of an open-enrollment charter school, or students attending an
open-enrollment charter school.
(c) The governing body of a charter holder and the governing body of
an open-enrollment charter school shall, not later than 48 hours before the
time scheduled for the beginning of a meeting of the governing body, post
the agenda of the meeting on the Internet website of the charter holder or
school, as applicable. The commissioner shall adopt rules as necessary to
administer this subsection.
(d) Notwithstanding
Subchapter F, Chapter 551, Government Code, the commissioner shall provide
by rule for meetings by telephone conference call or video conference call
where a quorum of the governing body of a charter holder or charter school
is not physically present at a single location of the meeting. The rules concerning a meeting by telephone
conference call or video conference call must:
(1) provide for the meeting to be subject to the notice requirements
applicable to other meetings;
(2) require each part of the meeting that is required to be open to
the public to be audible to the public at a location within the
geographical area served by the open-enrollment charter school;
(3) require audio recording of the meeting and for the recording to
be made available to the public;
(4) require the location of the meeting that is open to the public to
provide two-way communication during the entire meeting; and
(5) require the identification of each party to the conference call
to be clearly stated before the party speaks.
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SECTION 13. Subsection (a),
Section 12.1053, Education Code, is amended to read as follows:
(a) This section applies to
an open-enrollment charter school unless the school's charter otherwise
describes procedures for purchasing and contracting and the procedures are
approved by the commissioner [State Board of Education].
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No
equivalent provision.
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SECTION 14. Subsection (a),
Section 12.1057, Education Code, is amended to read as follows:
(a) An employee of an
open-enrollment charter school [operating under a charter granted by the
State Board of Education] who qualifies for membership in the Teacher
Retirement System of Texas shall be covered under the system to the same
extent a qualified employee of a school district is covered.
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No
equivalent provision.
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No
equivalent provision.
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SECTION 12. Section 12.1055,
Education Code, is amended by adding Subsection (c) to read as follows:
(c) Section 11.1513(f)
applies to an open-enrollment charter school as though the governing body
of the school were the board of trustees of a school district and to the
superintendent or, as applicable, the administrator serving as educational
leader and chief executive officer of the school as though that person were
the superintendent of a school district.
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SECTION 15. Section 12.110,
Education Code, is amended by amending Subsections (a), (c), and (d), and
adding Subsection (e) to read as follows:
(a)
The commissioner [State Board of Education] shall adopt:
(1)
an application form and a procedure that must be used to apply for a
charter for an open-enrollment charter school; and
(2)
criteria to use in selecting a program for which to grant a charter.
(c)
As part of the application procedure, the commissioner [board]
may require a petition supporting a charter for a school signed by a
specified number of parents or guardians of school-age children residing in
the area in which a school is proposed or may hold a public hearing to
determine parental support for the school.
(d) The commissioner shall [board may]
approve or deny an application based on:
(1) documented evidence
collected through the application review process;
(2) merit; and
(3) other criteria as
adopted by the commissioner, which
[it adopts. The criteria the board adopts] must include:
(A) criteria relating to
the capability of the applicant to carry out the responsibilities provided
by the charter and the likelihood that the applicant will operate a school
of high quality;
(B) [(1)] criteria
relating to improving student performance and encouraging innovative
programs; and
(C) [(2)] a
statement from any school district whose enrollment is likely to be
affected by the open-enrollment charter school, including information
relating to any financial difficulty that a loss in enrollment may have on
the district.
(e) The commissioner shall give priority and approval to applications that include a plan to:
(1) increase the educational and performance levels of students in
campuses that received unacceptable performance ratings under Section
39.054; and
(2) educate populations of students to be enrolled at the campus.
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SECTION 13. Section 12.110,
Education Code, is amended by amending Subsection (d) and adding Subsection
(e) to read as follows:
(d) The State Board of Education [board may]
approve or deny an application based on:
(1) documented evidence
collected through the application review process;
(2) merit; and
(3) other criteria as
adopted by the board, which [it
adopts. The criteria the board adopts] must include:
(A) criteria relating to
the capability of the applicant to carry out the responsibilities provided
by the charter and the likelihood that the applicant will operate a school
of high quality;
(B) [(1)] criteria
relating to improving student performance and encouraging innovative
programs; and
(C) [(2)] a
statement from any school district whose enrollment is likely to be
affected by the open-enrollment charter school, including information
relating to any financial difficulty that a loss in enrollment may have on
the district.
(e) The State Board of Education shall give priority
to applications that propose an
open-enrollment charter school campus to be located in the attendance zone
of a school district campus assigned an unacceptable performance rating
under Section 39.054 for the two preceding school years.
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SECTION 16. Section 12.1101,
Education Code, is amended to read as follows:
Sec. 12.1101. NOTIFICATION OF
CHARTER APPLICATION OR ESTABLISHMENT OF CAMPUS. The commissioner by
rule shall adopt a procedure for providing notice to the following persons
on receipt by the commissioner [State Board of Education] of an
application for a charter for an open-enrollment charter school under
Section 12.110 or of notice of the establishment of a campus as
authorized under Section 12.101(b-4):
(1) the board of trustees of
each school district from which the proposed open-enrollment charter school
or campus is likely to draw students, as determined by the
commissioner; and
(2) each member of the
legislature that represents the geographic area to be served by the
proposed school or campus, as determined by the commissioner.
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SECTION 14. Section 12.1101,
Education Code, is amended to read as follows:
Sec. 12.1101. NOTIFICATION OF
CHARTER APPLICATION OR ESTABLISHMENT OF CAMPUS. The commissioner by
rule shall adopt a procedure for providing notice to the following persons
on receipt by the State Board of Education
of an application for a charter for an open-enrollment charter school under
Section 12.110 or of notice of the establishment of a campus as
authorized under Section 12.101(b-4):
(1) the board of trustees of
each school district from which the proposed open-enrollment charter school
or campus is likely to draw students, as determined by the
commissioner; and
(2) each member of the
legislature that represents the geographic area to be served by the
proposed school or campus, as determined by the commissioner.
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SECTION 17. Subsection (a),
Section 12.111, Education Code, is amended to read as follows:
(a) Each charter granted
under this subchapter must:
(1) describe the educational
program to be offered, which must include the required curriculum as
provided by Section 28.002;
(2) [specify the period
for which the charter or any charter renewal is valid;
[(3)] provide that
continuation [or renewal] of the charter is contingent on the
status of the charter as determined under Section 12.1141 or 12.115 or
under Subchapter E, Chapter 39 [acceptable student performance on
assessment instruments adopted under Subchapter B, Chapter 39, and on
compliance with any accountability provision specified by the charter, by a
deadline or at intervals specified by the charter];
(3) specify the academic,
operational, and financial performance expectations by which a school
operating under the charter will be evaluated, which must include
applicable elements of the performance frameworks adopted under Section
12.1181 [(4) establish the level of student performance that is
considered acceptable for purposes of Subdivision (3)];
(4) [(5)] specify:
(A) any basis, in
addition to a basis specified by this subchapter or Subchapter E,
Chapter 39, on which the charter may be [placed on probation or]
revoked, [or on which] renewal of the charter may be denied,
or the charter may be allowed to expire; and
(B) the standards for
evaluation of a school operating under the charter for purposes of charter
renewal, denial of renewal, expiration, revocation, or other intervention
in accordance with Section 12.1141 or 12.115 or Subchapter E, Chapter 39,
as applicable;
(5) [(6)] prohibit
discrimination in admission policy on the basis of sex, national origin,
ethnicity, religion, disability, academic, artistic, or athletic ability,
or the district the child would otherwise attend in accordance with this
code, although the charter may:
(A) provide for the exclusion
of a student who has a documented history of a criminal offense, a juvenile
court adjudication, or discipline problems under Subchapter A, Chapter 37;
and
(B) provide for an admission
policy that requires a student to demonstrate artistic ability if the
school specializes in performing arts;
(6) [(7)] specify
the grade levels to be offered;
(7) [(8)] describe
the governing structure of the program, including:
(A) the officer positions
designated;
(B) the manner in which
officers are selected and removed from office;
(C) the manner in which
members of the governing body of the school are selected and removed from
office;
(D) the manner in which
vacancies on that governing body are filled;
(E) the term for which
members of that governing body serve; and
(F) whether the terms are to
be staggered;
(8) [(9)] specify
the powers or duties of the governing body of the school that the governing
body may delegate to an officer;
(9) [(10)] specify
the manner in which the school will distribute to parents information
related to the qualifications of each professional employee of the program,
including any professional or educational degree held by each employee, a
statement of any certification under Subchapter B, Chapter 21, held by each
employee, and any relevant experience of each employee;
(10) [(11)] describe
the process by which the person providing the program will adopt an annual
budget;
(11) [(12)] describe
the manner in which an annual audit of the financial and programmatic
operations of the program is to be conducted, including the manner in which
the person providing the program will provide information necessary for the
school district in which the program is located to participate, as required
by this code or by commissioner [State Board of Education] rule, in
the Public Education Information Management System (PEIMS);
(12) [(13)] describe
the facilities to be used;
(13) [(14)] describe
the geographical area served by the program;
(14) [and]
[(15)] specify any
type of enrollment criteria to be used;
(15) provide information,
as determined by the commissioner, relating to any management company that
will provide management services to a school operating under the charter;
and
(16) specify that the
governing body of an open-enrollment charter school accepts and may not
delegate ultimate responsibility for the school, including the school's
academic performance and financial and operational viability, and is
responsible for overseeing any management company providing management
services for the school and for holding the management company accountable
for the school's performance.
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SECTION 15. Subsection (a),
Section 12.111, Education Code, is amended to read as follows:
(a) Each charter granted
under this subchapter must:
(1) describe the educational
program to be offered, which must include the required curriculum as
provided by Section 28.002;
(2) [specify the period
for which the charter or any charter renewal is valid;
[(3)] provide that
continuation [or renewal] of the charter is contingent on the
status of the charter as determined under Section 12.1141 or 12.115 or
under Subchapter E, Chapter 39 [acceptable student performance on
assessment instruments adopted under Subchapter B, Chapter 39, and on
compliance with any accountability provision specified by the charter, by a
deadline or at intervals specified by the charter];
(3) specify the academic,
operational, and financial performance expectations by which a school
operating under the charter will be evaluated, which must include
applicable elements of the performance frameworks adopted under Section
12.1181 [(4) establish the level of student performance that is
considered acceptable for purposes of Subdivision (3)];
(4) [(5)] specify:
(A) any basis, in
addition to a basis specified by this subchapter or Subchapter E,
Chapter 39, on which the charter may be [placed on probation or]
revoked, [or on which] renewal of the charter may be denied,
or the charter may be allowed to expire; and
(B) the standards for
evaluation of a school operating under the charter for purposes of charter
renewal, denial of renewal, expiration, revocation, or other intervention
in accordance with Section 12.1141 or 12.115 or Subchapter E, Chapter 39,
as applicable;
(5) [(6)] prohibit
discrimination in admission policy on the basis of sex, national origin,
ethnicity, religion, disability, academic, artistic, or athletic ability,
or the district the child would otherwise attend in accordance with this
code, although the charter may:
(A) provide for the exclusion
of a student who has a documented history of a criminal offense, a juvenile
court adjudication, or discipline problems under Subchapter A, Chapter 37;
and
(B) provide for an admission
policy that requires a student to demonstrate artistic ability if the
school specializes in performing arts;
(6) [(7)] specify
the grade levels to be offered;
(7) [(8)] describe
the governing structure of the program, including:
(A) the officer positions designated;
(B) the manner in which
officers are selected and removed from office;
(C) the manner in which
members of the governing body of the school are selected and removed from
office;
(D) the manner in which
vacancies on that governing body are filled;
(E) the term for which
members of that governing body serve; and
(F) whether the terms are to
be staggered;
(8) [(9)] specify
the powers or duties of the governing body of the school that the governing
body may delegate to an officer;
(9) [(10)] specify
the manner in which the school will distribute to parents information
related to the qualifications of each professional employee of the program,
including any professional or educational degree held by each employee, a
statement of any certification under Subchapter B, Chapter 21, held by each
employee, and any relevant experience of each employee;
(10) [(11)] describe
the process by which the person providing the program will adopt an annual
budget;
(11) [(12)] describe
the manner in which an annual audit of the financial and programmatic
operations of the program is to be conducted, including the manner in which
the person providing the program will provide information necessary for the
school district in which the program is located to participate, as required
by this code or by State Board of Education
rule, in the Public Education Information Management System (PEIMS);
(12) [(13)] describe
the facilities to be used;
(13) [(14)] describe
the geographical area served by the program;
(14) [and
[(15)] specify any
type of enrollment criteria to be used;
(15) provide information,
as determined by the commissioner, relating to any management company that
will provide management services to a school operating under the charter;
and
(16) specify that the
governing body of an open-enrollment charter school accepts and may not
delegate ultimate responsibility for the school, including the school's
academic performance and financial and operational viability, and is
responsible for overseeing any management company providing management
services for the school and for holding the management company accountable
for the school's performance.
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SECTION 18. Section 12.112,
Education Code, is amended to read as follows:
Sec. 12.112. FORM. A charter
for an open-enrollment charter school shall be in the form of a written
contract signed by the commissioner [chair of the State Board of
Education] and the chief operating officer of the school.
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No
equivalent provision.
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SECTION 19. Subsection (a),
Section 12.113, Education Code, is amended to read as follows:
(a) Each charter the commissioner
[State Board of Education] grants for an open-enrollment charter
school must:
(1) satisfy this subchapter;
and
(2) include the information
that is required under Section 12.111 consistent with the information
provided in the application and any modification the commissioner [board]
requires.
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No
equivalent provision.
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No
equivalent provision.
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SECTION 16. Section 12.114,
Education Code, is amended by adding Subsection (c) to read as follows:
(c) Not later than the
60th day after the date that a charter holder submits to the commissioner a
completed request for approval for an expansion amendment, as defined by
commissioner rule, including a new school amendment, the commissioner shall
provide to the charter holder written notice of approval or disapproval of
the amendment.
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SECTION 20. Subchapter D,
Chapter 12, Education Code, is amended by adding Section 12.1141 to read as
follows:
Sec. 12.1141. RENEWAL OF
CHARTER; DENIAL OF RENEWAL; EXPIRATION. (a) The commissioner shall develop
and by rule adopt a procedure for renewal, denial of renewal, or expiration
of a charter for an open-enrollment charter school at the end of the term
of the charter. The procedure must include consideration of the performance
under Chapter 39 of the charter holder and each campus operating under the
charter and must include three distinct processes, which must be expedited
renewal, discretionary consideration of renewal or denial of renewal, and
expiration. To renew a charter at the end of the term, the charter holder
must submit a petition for renewal to the commissioner in the time and
manner established by commissioner rule.
(b) At the end of the term
of a charter for an open-enrollment charter school, if a charter holder
submits to the commissioner a petition for expedited renewal of the
charter, the charter automatically renews unless, not later than the 30th
day after the date the charter holder submits the petition, the
commissioner provides written notice to the charter holder that expedited
renewal of the charter is denied. The commissioner may not deny expedited
renewal of a charter if:
(1) the charter holder has
been assigned the highest or second highest performance rating under
Subchapter C, Chapter 39, for the three preceding school years;
(2) the charter holder has
been assigned a financial performance accountability rating under
Subchapter D, Chapter 39, indicating financial performance that is
satisfactory or better for the three preceding school years; and
(3) no campus operating
under the charter has been assigned the lowest performance rating under
Subchapter C, Chapter 39, for the three preceding school years or such a
campus has been closed.
(c) At the end of the term
of a charter for an open-enrollment charter school, if a charter holder
submits to the commissioner a petition for renewal of the charter and the
charter does not meet the criteria for expedited renewal under Subsection
(b) or for expiration under Subsection (d), the commissioner shall use the
discretionary consideration process. The commissioner's decision under the
discretionary consideration process must take into consideration the
results of annual evaluations under the performance frameworks established
under Section 12.1181. The renewal of the
charter of an open-enrollment charter school that is registered under the
agency's alternative education accountability procedures for evaluation
under Chapter 39 shall be considered under the discretionary consideration
process regardless of the performance ratings under Subchapter C, Chapter
39, of the open-enrollment charter school or of any campus operating under
the charter, except that if the charter holder has been assigned a
financial accountability performance rating under Subchapter D, Chapter 39,
indicating financial performance that is lower than satisfactory for any
three of the five preceding school years, the commissioner shall allow the
charter to expire under Subsection (d). In considering the renewal
of the charter of an open-enrollment charter school that is registered
under the agency's alternative education accountability procedures for
evaluation under Chapter 39, such as a dropout recovery school or a school
providing education within a residential treatment facility, the
commissioner shall use academic criteria established by commissioner rule
that are appropriate to measure the specific goals of the school. The
criteria established by the commissioner shall recognize growth in student
achievement as well as educational attainment. For purposes of this
subsection, the commissioner shall designate as a dropout recovery school
an open-enrollment charter school or a campus of an open-enrollment charter
school:
(1) that serves students
in grades 9 through 12 and has an enrollment of which at least 50 percent
of the students are 17 years of age or older as of September 1 of the
school year as reported for the fall semester Public Education Information
Management System (PEIMS) submission; and
(2) that meets the eligibility
requirements for and is registered under alternative education
accountability procedures adopted by the commissioner.
(d) At the end of the term
of a charter for an open-enrollment charter school, if a charter holder
submits to the commissioner a petition for renewal of the charter, the
commissioner may not renew the charter and shall allow the charter to
expire if:
(1) the charter holder has
been assigned the lowest performance rating under Subchapter C, Chapter 39,
for any three of the five preceding school years;
(2) the charter holder has
been assigned a financial accountability performance rating under
Subchapter D, Chapter 39, indicating financial performance that is lower
than satisfactory for any three of the five preceding school years;
(3) the charter holder has
been assigned any combination of the ratings described by Subdivision (1)
or (2) for any three of the five preceding school years; or
(4) any campus operating
under the charter has been assigned the lowest performance rating under
Subchapter C, Chapter 39, for the three preceding school years and such a
campus has not been closed.
(e) Notwithstanding any
other law, a determination by the commissioner under Subsection (d) is
final and may not be appealed.
(f) Not later than the
90th day after the date on which a charter holder submits a petition for
renewal of a charter for an open-enrollment charter school at the end of
the term of the charter, the commissioner shall provide written notice to
the charter holder, in accordance with commissioner rule, of the basis on
which the charter qualified for expedited renewal, discretionary
consideration, or expiration, and of the commissioner's decision regarding
whether to renew the charter, deny renewal of the charter, or allow the
charter to expire.
(g) Except as provided by
Subsection (e), a decision by the commissioner to deny renewal of a charter
for an open-enrollment charter school is subject to review by the State
Office of Administrative Hearings. Notwithstanding Chapter 2001, Government
Code:
(1) the administrative law
judge shall uphold a decision by the commissioner to deny renewal of a
charter for an open-enrollment charter school unless the judge finds the
decision is arbitrary and capricious or clearly erroneous; and
(2) a decision of the
administrative law judge under this subsection is final and may not be
appealed.
(h) If a charter holder
submits a petition for renewal of a charter for an open-enrollment charter
school, notwithstanding the expiration date of the charter, the charter term
is extended until the commissioner has provided notice to the charter
holder of the renewal, denial of renewal, or expiration of the charter.
(i) The term of a charter
renewed under this section is 10 years for each renewal.
(j) The commissioner shall
adopt rules to modify criteria for renewal, denial of renewal, or
expiration of a charter for an open-enrollment charter school under this
section to the extent necessary to address changes in performance rating
categories or in the financial accountability system under Chapter 39.
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SECTION 17. Subchapter D,
Chapter 12, Education Code, is amended by adding Section 12.1141 to read as
follows:
Sec. 12.1141. RENEWAL OF
CHARTER; DENIAL OF RENEWAL; EXPIRATION. (a) The commissioner shall develop
and by rule adopt a procedure for renewal, denial of renewal, or expiration
of a charter for an open-enrollment charter school at the end of the term
of the charter. The procedure must include consideration of the performance
under Chapter 39 of the charter holder and each campus operating under the
charter and must include three distinct processes, which must be expedited
renewal, discretionary consideration of renewal or denial of renewal, and
expiration. To renew a charter at the end of the term, the charter holder
must submit a petition for renewal to the commissioner in the time and
manner established by commissioner rule.
(b) At the end of the term
of a charter for an open-enrollment charter school, if a charter holder
submits to the commissioner a petition for expedited renewal of the
charter, the charter automatically renews unless, not later than the 30th
day after the date the charter holder submits the petition, the
commissioner provides written notice to the charter holder that expedited
renewal of the charter is denied. The commissioner may not deny expedited
renewal of a charter if:
(1) the charter holder has
been assigned:
(A) the highest or second
highest performance rating under Subchapter C, Chapter 39, for the three
preceding school years; or
(B) except as provided by Subsection (b-1), an acceptable performance
rating under the agency's alternative education accountability procedures
for evaluation under Chapter 39;
(2) the charter holder has
been assigned a financial performance accountability rating under Subchapter
D, Chapter 39, indicating financial performance that is satisfactory or
better for the three preceding school years; and
(3) no campus operating
under the charter has been assigned the lowest performance rating under
Subchapter C, Chapter 39, for the three preceding school years or such a
campus has been closed.
(b-1) If, under the agency's alternative education accountability
procedures for evaluation under Chapter 39, the commissioner provides for
assigning performance ratings reflecting different levels of acceptable
performance, the charter holder must have been assigned the highest or
second highest performance rating under those procedures.
(c) At the end of the term
of a charter for an open-enrollment charter school, if a charter holder
submits to the commissioner a petition for renewal of the charter and the
charter does not meet the criteria for expedited renewal under Subsection
(b) or for expiration under Subsection (d), the commissioner shall use the
discretionary consideration process. The commissioner's decision under the
discretionary consideration process must take into consideration the
results of annual evaluations under the performance frameworks established
under Section 12.1181.
In considering under this subsection the renewal of the
charter of an open-enrollment charter school that is registered under the
agency's alternative education accountability procedures for evaluation
under Chapter 39, such as a dropout recovery school or a school providing
education within a residential treatment facility, the commissioner shall
use academic criteria established by commissioner rule that are appropriate
to measure the specific goals of the school. The criteria established by
the commissioner shall recognize growth in student achievement as well as
educational attainment. For purposes of this subsection, the commissioner
shall designate as a dropout recovery school an open-enrollment charter
school or a campus of an open-enrollment charter school:
(1) that serves students in
grades 9 through 12 and has an enrollment of which at least 50 percent of
the students are 17 years of age or older as of September 1 of the school
year as reported for the fall semester Public Education Information
Management System (PEIMS) submission; and
(2) that meets the
eligibility requirements for and is registered under alternative education
accountability procedures adopted by the commissioner.
(d) At the end of the term
of a charter for an open-enrollment charter school, if a charter holder
submits to the commissioner a petition for renewal of the charter, the
commissioner may not renew the charter and shall allow the charter to
expire if:
(1) the charter holder has
been assigned the lowest performance rating under Subchapter C, Chapter 39,
for any three of the five preceding school years;
(2) the charter holder has
been assigned a financial accountability performance rating under
Subchapter D, Chapter 39, indicating financial performance that is lower
than satisfactory for any three of the five preceding school years;
(3) the charter holder has
been assigned any combination of the ratings described by Subdivision (1)
or (2) for any three of the five preceding school years; or
(4) any campus operating
under the charter has been assigned the lowest performance rating under
Subchapter C, Chapter 39, for the three preceding school years and such a
campus has not been closed.
(e) Notwithstanding any
other law, a determination by the commissioner under Subsection (d) is
final and may not be appealed.
(f) Not later than the
90th day after the date on which a charter holder submits a petition for
renewal of a charter for an open-enrollment charter school at the end of
the term of the charter, the commissioner shall provide written notice to
the charter holder, in accordance with commissioner rule, of the basis on
which the charter qualified for expedited renewal, discretionary
consideration, or expiration, and of the commissioner's decision regarding
whether to renew the charter, deny renewal of the charter, or allow the
charter to expire.
(g) Except as provided by
Subsection (e), a decision by the commissioner to deny renewal of a charter
for an open-enrollment charter school is subject to review by the State
Office of Administrative Hearings. Notwithstanding Chapter 2001, Government
Code:
(1) the administrative law
judge shall uphold a decision by the commissioner to deny renewal of a
charter for an open-enrollment charter school unless the judge finds the
decision is arbitrary and capricious or clearly erroneous; and
(2) a decision of the
administrative law judge under this subsection is final and may not be
appealed.
(h) If a charter holder
submits a petition for renewal of a charter for an open-enrollment charter
school, notwithstanding the expiration date of the charter, the charter
term is extended until the commissioner has provided notice to the charter
holder of the renewal, denial of renewal, or expiration of the charter.
(i) The term of a charter
renewed under this section is 10 years for each renewal.
(j) The commissioner shall
adopt rules to modify criteria for renewal, denial of renewal, or
expiration of a charter for an open-enrollment charter school under this
section to the extent necessary to address changes in performance rating
categories or in the financial accountability system under Chapter 39.
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SECTION 21. Section 12.115,
Education Code, is amended to read as follows:
Sec. 12.115. BASIS FOR CHARTER
[MODIFICATION, PLACEMENT ON PROBATION,] REVOCATION[,] OR MODIFICATION
OF GOVERNANCE [DENIAL OF RENEWAL]. (a) Except as provided by
Subsection (c), the [The] commissioner shall [may
modify, place on probation,] revoke[, or deny renewal of] the
charter of an open-enrollment charter school or reconstitute the
governing body of the charter holder if the commissioner determines
that the charter holder:
(1) committed a material
violation of the charter, including failure to satisfy accountability
provisions prescribed by the charter;
(2) failed to satisfy
generally accepted accounting standards of fiscal management;
(3) failed to protect the
health, safety, or welfare of the students enrolled at the school; [or]
(4) failed to comply with
this subchapter or another applicable law or rule;
(5) failed to satisfy the
performance framework standards adopted under Section 12.1181; or
(6) is imminently
insolvent as determined by the commissioner in accordance with commissioner
rule.
(b) The action the
commissioner takes under Subsection (a) shall be based on the best interest
of the open-enrollment charter school's students, the severity of
the violation, [and] any previous violation the school has committed,
and the accreditation status of the school.
(c) Except as provided by Subsection (d), the
commissioner shall revoke the charter of an open-enrollment charter school
if:
(1) the charter holder has
been assigned an unacceptable performance rating under Subchapter C,
Chapter 39, for the three preceding school years;
(2) the charter holder has
been assigned a financial accountability performance rating under Subchapter
D, Chapter 39, indicating financial performance lower than satisfactory for
the three preceding school years; or
(3) the charter holder has
been assigned any combination of the ratings described by Subdivision (1)
or (2) for the three preceding school years.
(d) Subsections (c)(1) and (3) do not apply to a charter holder
registered under the agency's alternative education accountability
procedures for evaluation under Chapter 39.
(e) This section does not
limit the authority of the attorney general to take any action authorized
by law.
(f) A charter holder rated
as academically unacceptable under Subchapter D, Chapter 39, as that
subchapter existed on January 1, 2009, for the 2010-2011 school year is
considered to have been assigned an unacceptable performance rating for
that school year under Subsection (c)(1). This subsection expires September
1, 2015.
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SECTION 18. Section 12.115,
Education Code, is amended to read as follows:
Sec. 12.115. BASIS FOR CHARTER
[MODIFICATION, PLACEMENT ON PROBATION,] REVOCATION[,] OR MODIFICATION
OF GOVERNANCE [DENIAL OF RENEWAL]. (a) Except as provided by
Subsection (c), the [The] commissioner shall [may
modify, place on probation,] revoke[, or deny renewal of] the
charter of an open-enrollment charter school or reconstitute the
governing body of the charter holder if the commissioner determines
that the charter holder:
(1) committed a material
violation of the charter, including failure to satisfy accountability
provisions prescribed by the charter;
(2) failed to satisfy
generally accepted accounting standards of fiscal management;
(3) failed to protect the
health, safety, or welfare of the students enrolled at the school; [or]
(4) failed to comply with
this subchapter or another applicable law or rule;
(5) failed to satisfy the
performance framework standards adopted under Section 12.1181; or
(6) is imminently
insolvent as determined by the commissioner in accordance with commissioner
rule.
(b) The action the
commissioner takes under Subsection (a) shall be based on the best interest
of the open-enrollment charter school's students, the severity of
the violation, [and] any previous violation the school has committed,
and the accreditation status of the school.
(c) The commissioner shall
revoke the charter of an open-enrollment charter school if:
(1) the charter holder has
been assigned an unacceptable performance rating under Subchapter C,
Chapter 39, for the three preceding school years;
(2) the charter holder has
been assigned a financial accountability performance rating under
Subchapter D, Chapter 39, indicating financial performance lower than
satisfactory for the three preceding school years; or
(3) the charter holder has
been assigned any combination of the ratings described by Subdivision (1)
or (2) for the three preceding school years.
(d) This section does not
limit the authority of the attorney general to take any action authorized
by law.
(e) A charter holder rated
as academically unacceptable under Subchapter D, Chapter 39, as that
subchapter existed on January 1, 2009, for the 2010-2011 school year is
considered to have been assigned an unacceptable performance rating for
that school year under Subsection (c)(1). This subsection expires September
1, 2015.
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SECTION 22. Section 12.116,
Education Code, is amended.
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SECTION 19. Same as engrossed
version.
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SECTION 23. Subsection (a),
Section 12.1161, Education Code, is amended.
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SECTION 20. Same as engrossed
version.
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SECTION 24. Subsection (c),
Section 12.1163, Education Code, is amended.
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SECTION 21. Same as engrossed
version.
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SECTION 25. Subsection (a),
Section 12.1164, Education Code, is amended.
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SECTION 22. Same as engrossed
version.
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SECTION 26. Subchapter D,
Chapter 12, Education Code, is amended by adding Section 12.1181 to read as
follows:
Sec. 12.1181. PERFORMANCE
FRAMEWORKS; ANNUAL EVALUATIONS. (a) The commissioner shall develop and by
rule adopt performance frameworks that establish standards by which to
measure the performance of an open-enrollment charter school. The
commissioner shall develop and by rule adopt separate, specific performance
frameworks by which to measure the performance of an open-enrollment
charter school that is registered under the agency's alternative education
accountability procedures for evaluation under Chapter 39. The performance
frameworks shall be based on national best practices that charter school
authorizers use in developing and applying standards for charter school
performance. In developing the performance frameworks, the commissioner
shall solicit advice from charter holders, the members of the governing
bodies of open-enrollment charter schools, and other interested persons.
(b) The performance
frameworks may include a variety of
standards. In evaluating an open-enrollment charter school, the
commissioner shall measure school performance against an established set of
quality standards developed and adopted by the commissioner.
(c) Each year, the
commissioner shall evaluate the performance of each open-enrollment charter
school based on the applicable performance frameworks adopted under
Subsection (a).
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SECTION 23. Subchapter D,
Chapter 12, Education Code, is amended by adding Section 12.1181 to read as
follows:
Sec. 12.1181. PERFORMANCE
FRAMEWORKS; ANNUAL EVALUATIONS. (a) The commissioner shall develop and by
rule adopt performance frameworks that establish standards by which to
measure the performance of an open-enrollment charter school. The
commissioner shall develop and by rule adopt separate, specific performance
frameworks by which to measure the performance of an open-enrollment
charter school that is registered under the agency's alternative education
accountability procedures for evaluation under Chapter 39. The performance
frameworks shall be based on national best practices that charter school
authorizers use in developing and applying standards for charter school
performance. In developing the performance frameworks, the commissioner
shall solicit advice from charter holders, the members of the governing
bodies of open-enrollment charter schools, and other interested persons.
(b) The performance
frameworks must include student attrition
rate as a standard and may include a variety of other standards. In
evaluating an open-enrollment charter school, the commissioner shall
measure school performance against an established set of quality standards
developed and adopted by the commissioner.
(c) Each year, the
commissioner shall evaluate the performance of each open-enrollment charter
school based on the applicable performance frameworks adopted under
Subsection (a). The performance of a school
on a performance framework may not be considered for purposes of renewal of
a charter under Section 12.1141(d) or revocation of a charter under Section
12.115(c).
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SECTION 27. Section 12.119,
Education Code, is amended to read as follows:
Sec. 12.119. BYLAWS; ANNUAL
REPORT. (a) A charter holder shall file with
the commissioner [State Board of Education] a copy of its
articles of incorporation and bylaws, or comparable documents if the
charter holder does not have articles of incorporation or bylaws, within
the period and in the manner prescribed by the commissioner [board].
(b)
Each year within the period and in a form prescribed by the commissioner
[State Board of Education], each open-enrollment charter school
shall file with the commissioner [board] the following
information:
(1)
the name, address, and telephone number of each officer and member of the
governing body of the open-enrollment charter school; and
(2)
the amount of annual compensation the open-enrollment charter school pays
to each officer and member of the governing body.
(c) On request, the commissioner [State Board of Education] shall provide the
information required by this section and Section 12.111(a)(7) [12.111(a)(8)]
to a member of the public. The commissioner [board] may charge a reasonable fee
to cover the commissioner's [board's] cost in providing the
information.
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SECTION 24. Subsection (c),
Section 12.119, Education Code, is amended to read as follows:
(c) On request, the State Board of Education shall provide the
information required by this section and Section 12.111(a)(7) [12.111(a)(8)]
to a member of the public. The board
may charge a reasonable fee to cover the board's
cost in providing the information.
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No
equivalent provision.
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SECTION 25. Section 12.120,
Education Code, is amended by adding Subsection (a-1) to read as follows:
(a-1) Notwithstanding
Subsection (a), subject to Section 12.1059, an open-enrollment charter
school may employ a person:
(1) as a teacher or
educational aide if:
(A) a school district
could employ the person as a teacher or educational aide; or
(B) a school district
could employ the person as a teacher or educational aide if the person held
the appropriate certificate issued under Subchapter B, Chapter 21, and the
person has never held a certificate issued under Subchapter B, Chapter 21;
or
(2) in a position other
than a position described by Subdivision (1) if a school district could
employ the person in that position.
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SECTION 28. Subchapter D,
Chapter 12, Education Code, is amended.
|
SECTION 26. Same as engrossed
version.
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|
SECTION 29. Subsection (a),
Section 12.122, Education Code, is amended.
|
SECTION 27. Same as engrossed
version.
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SECTION 30. Subsection (a),
Section 12.128, Education Code, is amended.
|
SECTION 28. Same as engrossed
version.
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SECTION 31. Subchapter D,
Chapter 12, Education Code, is amended.
|
SECTION 29. Same as engrossed
version.
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SECTION 32. Sections 12.152
and 12.154, Education Code, are amended to read as follows:
Sec. 12.152. AUTHORIZATION. [(a)]
In accordance with this subchapter and Subchapter D, the commissioner
[State Board of Education] may grant a charter on the application
of:
(1) a public senior college
or university for an open-enrollment charter school to operate on the campus
of the public senior college or university or in the same county in which
the campus of the public senior college or university is located; or
(2) a public junior college
for an open-enrollment charter school to operate on the campus of the
public junior college or in the same county in which the campus of the
public junior college is located.
Sec. 12.154. CONTENT. (a) Notwithstanding
Section 12.110(d), the commissioner [State Board of Education]
may grant a charter under this subchapter to a public senior college or
university only if the following criteria are satisfied in the public
senior college's or university's application, as determined by the commissioner
[State Board of Education]:
(1) the college or university
charter school's educational program must include innovative teaching
methods;
(2) the college or university
charter school's educational program must be implemented under the direct
supervision of a member of the teaching or research faculty of the public
senior college or university;
(3) the faculty member
supervising the college or university charter school's educational program
must have substantial experience and expertise in education research,
teacher education, classroom instruction, or educational administration;
(4) the college or university
charter school's educational program must be designed to meet specific
goals described in the charter, including improving student performance,
and each aspect of the program must be directed toward the attainment of
the goals;
(5) the attainment of the
college or university charter school's educational program goals must be
measured using specific, objective standards set forth in the charter,
including assessment methods and a time frame; and
(6) the financial operations
of the college or university charter school must be supervised by the
business office of the public senior college or university.
(b) Notwithstanding Section
12.110(d), the commissioner [State Board of Education] may
grant a charter under this subchapter to a public junior college only if
the following criteria are satisfied in the public junior college's
application, as determined by the commissioner [State Board of
Education]:
(1) the junior college
charter school's educational program must be implemented under the direct
supervision of a member of the faculty of the public junior college;
(2) the faculty member
supervising the junior college charter school's educational program must
have substantial experience and expertise in teacher education, classroom
instruction, or educational administration;
(3) the junior college
charter school's educational program must be designed to meet specific
goals described in the charter, such as dropout recovery, and each aspect
of the program must be directed toward the attainment of the goals;
(4) the attainment of the
junior college charter school's educational program goals must be measured
using specific, objective standards set forth in the charter, including
assessment methods and a time frame; and
(5) the financial operations
of the junior college charter school must be supervised by the business
office of the junior college.
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No
equivalent provision.
No
equivalent provision.
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No
equivalent provision.
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SECTION 30. Subchapter D,
Chapter 12, Education Code, is amended by adding Section 12.136 to read as
follows:
Sec. 12.136. POSTING OF
CHIEF EXECUTIVE OFFICER SALARY. An open-enrollment charter school shall
post on the school's Internet website the salary of the school's
superintendent or, as applicable, of the administrator serving as
educational leader and chief executive officer.
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SECTION 33. Subsection (b),
Section 12.156, Education Code, is amended.
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SECTION 31. Same as engrossed
version.
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No
equivalent provision.
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SECTION 32. Subsections (b),
(c), and (d), Section 25.082, Education Code, are amended to read as
follows:
(b) The board of trustees of
each school district and the governing board of each open-enrollment
charter school shall require students, once during each school day at
each campus [school in the district], to recite:
(1) the pledge of allegiance
to the United States flag in accordance with 4 U.S.C. Section 4[, and
its subsequent amendments]; and
(2) the pledge of allegiance
to the state flag in accordance with Subchapter C, Chapter 3100, Government
Code.
(c) On written request from a
student's parent or guardian, a school district or open-enrollment
charter school shall excuse the student from reciting a pledge of
allegiance under Subsection (b).
(d) The board of trustees of
each school district and the governing board of each open-enrollment
charter school shall provide for the observance of one minute of
silence at each campus [school in the district] following the
recitation of the pledges of allegiance to the United States and Texas
flags under Subsection (b). During the one-minute period, each student may,
as the student chooses, reflect, pray, meditate, or engage in any other
silent activity that is not likely to interfere with or distract another
student. Each teacher or other school employee in charge of students during
that period shall ensure that each of those students remains silent and
does not act in a manner that is likely to interfere with or distract
another student.
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No
equivalent provision.
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SECTION 33. Subchapter D,
Chapter 33, Education Code, is amended by adding Section 33.088 to read as
follows:
Sec. 33.088. PARTICIPATION
IN LEAGUE CONTESTS BY SPECIALTY HIGH SCHOOL. (a) In this section:
(1) "Division"
includes academics, athletics, or music divisions of league contests.
(2) "Specialty high
school" means the high school of an open-enrollment charter school
that:
(A) enrolls students
without regard to the attendance zones of the school district in which the
high school is located; and
(B) is determined by the
University Interscholastic League to specialize in a division of league
contests.
(3) "League"
means the University Interscholastic League.
(b) To ensure fair
competition, the league shall adopt rules governing participation in league
contests by students attending a specialty high school.
(c) The league rules
adopted under Subsection (b) must require that, for any division of league
contests that a specialty high school emphasizes, the school will be
assigned to the conference with the largest student enrollment, except that
the rules may provide for reasonable exceptions from that requirement based
on travel, availability of participant schools, or other criteria.
(d) League rules adopted
under Subsection (b) must apply beginning with the 2013-2014 school year.
This subsection expires August 31, 2014.
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SECTION 34. Section 39.152,
Education Code, is amended.
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SECTION 34. Same as engrossed
version.
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SECTION 35. Subsection (a),
Section 221.0071, Human Resources Code, is amended to read as follows:
(a) Notwithstanding any other
law and in addition to the number of charters allowed under Subchapter D,
Chapter 12, Education Code, the commissioner of education [State
Board of Education] may grant a charter on the application of a
detention, correctional, or residential facility established only for
juvenile offenders under Section 51.12, 51.125, or 51.126, Family Code.
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No
equivalent provision.
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SECTION 36. Subsection (d),
Section 221.056, Human Resources Code, is amended to read as follows:
(d) Notwithstanding any other
law and in addition to the number of charters allowed under Subchapter D,
Chapter 12, Education Code, the commissioner of education [State
Board of Education] shall grant a charter on the application of a
residential treatment facility established under this section for a school
chartered for the purposes of this section.
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No
equivalent provision.
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SECTION 37. The following
provisions of the Education Code are repealed:
(1) Subsection (b), Section 12.113; and
(2) Subsection (b), Section
12.1161.
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SECTION 35. The following
provisions of the Education Code are repealed:
(1) Subsection (b), Section 12.1055; and
(2) Subsection (b), Section
12.1161.
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SECTION 38. This Act takes
effect September 1, 2013.
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SECTION 36. Same as engrossed
version.
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